IN THE CASE OF: 

		BOARD DATE: 23 May 2013

		DOCKET NUMBER:  AR20120017788 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, his records be corrected to show he does not have to repay his Reserve Officers' Training Corps (ROTC) scholarship debt. 

2.  The applicant states that according to his contract and what he was told by ROTC staff he does not owe money because no scholarship was paid to William Paterson University (WPU) for the second year of ROTC. 

3.  The applicant provides:

* 17 April 2012, Payment Itemization Report 
* 10 September 2007, memorandum, Army ROTC Pirate Battalion, Seton Hall University, Subject:  Verification of Army Scholarship Offer
* 11 December 2007, DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) 
* 11 December 2007, DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract)
* 14 April 2009, memorandum, Amy ROTC Pirate Battalion, Seton Hall University, Subject;  Disenrollment of Scholarship Cadet from ROTC
* 19 January 2010, letter, Army  ROTC, Seton Hall University 
* 16 April 2010, Orders 106-002, Army ROTC Pirate Brigade, showing the applicant's discharge from ROTC
* 14 July 2011, letter, Defense Finance and Accounting Service (DFAS) 
* 17 January 2012, letter addressed to Catherine B____
* 7 pages showing financial aid award history, costs of attendance, payment, and loan history 
CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 shows the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years as a cadet on 11 December 2007.  In connection with this enlistment, he executed a DA 597-3 and agreed to receive scholarship benefits for a period of 4 academic years, including tuition and fees, books, laboratory expenses, and monthly subsistence, at Seton Hall University, South Orange, New Jersey, in exchange for appointment as a Reserve of the Army upon successful completion of all academic, military, and other requirements of the Army ROTC program.

2.  Paragraph 5 (Terms of Disenrollment) of his DA Form 597-3 states that if the cadet were disenrolled from the ROTC program for any reason the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active service the cadet agreed to serve or was ordered to serve.  The DA Form 597-3 states in Part II (Agreement 0f Scholarship Cadet Contracting in the Senior ROTC Program:

	a.  Item 3c (Cadet Obligation):  in part:  (1) Cadets:  "I understand and agree that I will incur an active duty and/or reimbursement obligation after the first day of my MS II year (sophomore year) if I am a three, four- or five year scholarship recipient..."

	b.  Item 5 (Terms of Disenrollment) (b)  I AGREE TO REIMBURSE THE UNITED STATES GOVERNMENT.  "If I am offered the opportunity to repay my advanced educational assistance in lieu of being ordered to active duty, I will  be required to reimburse the United States government through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance (to include tuition, educational fees, laboratory expenses, and supplies) paid by the United States for my advanced education from the commencement of this contractual agreement to the date of my disenrollment or refusal to accept a commission."

3.  A 14 April 2009 memorandum notified the applicant that the Professor of Military Science, Army ROTC Pirate Brigade, Seton Hall University, was initiating action to disenroll him from the ROTC program based upon his withdrawal from his academic institution.

4.  A 19 January 2012 Army ROTC, Seton Hall University letter is a final attempt to collect the documents needed to complete his disenrollment.  A handwritten annotation on the letter indicates the "Documents were faxed by the Jan 29, 2010 Deadline..."
5.  Orders 106-002 dated 16 April 2010, Army ROTC Pirate Brigade, show the applicant was discharged from the USAR (Control Group ROTC) effective 
15 April 2012.

6.  A 14 July 2012 DFAS letter informs the applicant that they had received his letter protesting his ROTC debt, but he had waived his right to a hearing and to protest the debt when he signed the Acknowledgement of Cadet on 5 October 2009.

7.  A 17 January 2012 letter addressed to Catherine B____ describes the payment situation and that the applicant attended ROTC training at Seton Hall University, not as a student but as an ROTC candidate.  He was never informed that the Military Science class was part of his scholarship money.

8.  Seven pages of documents showing Award History, Cost of Attendance Award Year 2008-2009, Payment History, and Loan Application History are provided.

9.  Title 10, U.S. Code, section 2005, provides the law on reimbursement requirements for educational assistance from the Armed Forces.  It provides that the Secretary concerned may require any person provided advanced education assistance to reimburse the United States in an amount that bears the same ratio to the total cost of advanced education provided.  It also provides that any amount owed by such person to the United States under such agreement shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due and shall accrue from the day on which the member is first notified of the amount due.

10.  Army Regulation 145-1 provides the policy for operation of the ROTC program.  It provides for the termination of scholarships and disenrollment by the Commander of the ROTC Cadet Command.  The scholarship will be terminated and the cadet disenrolled for inaptitude for military service, an indifferent attitude, or lack of interest in military training.  It also provides for disenrollment based on breach of contract, which is any act on the part of a student that breaches the terms of the contract, whether done with specific intent or not.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that he was accepted into an Army ROTC scholarship program and he agreed that if he was disenrolled from the program for any reason he could be ordered to reimburse the United States the dollar amount plus interest.

2.  He has not provided sufficient evidence or argument to support his contention that his records should be corrected to show he does not have to repay his ROTC scholarship debt.

3.  In view of the above his request should be denied.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110003589



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ABCMR Record of Proceedings (cont)                                         AR20120017788



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